burden of proof

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Related to Clear and convincing: Standard of proof

burden of proof

A UK term of art used in fitness to practice proceedings, which places the onus (burden) on the prosecution to prove their case.

burden of proof,

n in criminal cases, the task of the prosecuting officers to demonstrate the
actus reus and
mens rea of the crime; in litigation, to lay out the facts of the case. See also actus reus and mens rea.

burden of proof,

n in a legal proceeding, the duty to prove a fact or facts in dispute.
References in periodicals archive ?
In the end, the Supreme Court upheld the existing clear and convincing standard by a vote of 8-0.
Writing for eight members of the court, Justice Sonia Sotomayor noted there were policy arguments for and against the clear and convincing standard--including the argument mentioned in KSR--but concluded that the judiciary could not address these arguments.
So a jury can be instructed that such new evidence makes it easier for a challenger to satisfy its burden of providing clear and convincing proof of invalidity.
Such instructions are unlikely to have much effect, according to many experts, because juries often misunderstand the clear and convincing standard.
He wrote, in a concurrence joined by two other Justices, that the clear and convincing standard applies only to questions of fact, such as "when a product was first sold or whether a prior art reference had been published.